Airline Passenger Compensation Rights on International Flights
Copyright 2008
Paul S. Hudson, Esq. (Executive Board Member FlyersRights.org)
International airline passengers, under the Montreal Convention of 1999 ratified by the U.S. in 2003 (and which replaced the Warsaw Convention), now have legal rights that are in some ways superior to the rights of passengers on U.S. domestic flights. International air travel covered by this treaty includes any ticketed trip with stopping, departure or destination points in two or more countries. These rights include:
1) Strict liability for bodily injury or death incurred on board the aircraft or in the course of embarking or disembarking, up to approximately $160,000 in compensation. A passenger does not have to prove negligence or fault by the airline. However, damages may be reduced for contributory negligence or wrongful acts by the passenger.
For damages over $160,000, an airline may use the defense that it was not negligent or did not engage in wrongful conduct, or the damages were solely due to negligence or wrongful acts of a third party.
2) For lost or damaged or delayed baggage, the airline liability is generally limited to $1,640 per passenger, unless the passenger has handed the airline a special interest declaration and paid any supplementary fee. .
3) Airlines are liable for damages caused by delay in the transporting of passengers or cargo up to $6,640, unless the airline proves that it took all reasonable measures to prevent the damage caused by delay or that it was impossible for them to take such measures.
No airline is permitted by contract to assert lower liability limits for international air travel than those provided for in the Montreal Convention and any such contract terms are void. In general, state common law tort or statutory actions are now preempted, as most courts now view the Montreal Convention as the exclusive remedy for claims arising out of international air transportation.
Time Limits
Legal actions on all claims must be brought within two (2) years of the incident. However, in addition, complaints to the airline for baggage damage claims must be made within 7 days, for cargo damage within 14 days of the date of receipt by the passenger. For baggage or cargo delay claims, the passenger must file a complaint with the airline within 21 days of receipt. Complaint to the airline must be made in writing and delivered or sent within the time limits or the claim is barred except in case of fraud by the airline.
Jurisdiction
Courts that have jurisdiction for passenger actions against airlines under the Montreal Convention include US federal district courts and other courts where the passenger has his/her primary and permanent residence, where the airline is domiciled (incorporated) or has its principal office, the final destination location of the flight, or where the airline has a place of business through which the ticket was purchased.
This short article is for informational purposes only and does not constitute legal advice. Anyone seeking legal advice should consult with an attorney of their choice. The text of the Montreal Convention is available on the internet at http://www.jus.uio.no/lm/air.carriage.unification.convention.montreal.1999/doc.html The US dollar amounts specified in this article are based on the conversion to US dollars from the Special Drawing Rights units used in the Convention as of February 22, 2008. This conversion is posted daily on the International Monetary Fund web site.
Friday, December 31, 2010
Thursday, December 30, 2010
International Flight Tarmac Delays Show Loophole in DOT Regulations Must be Closed!
For Immediate Release
International Flight Tarmac Delays Show Loophole in DOT Regulations Must be Closed!
4 years later: FlyersRights.org called on DOT to Include International Flights and Airports having Contingency plans in their new rule!
Napa, CA (December 30, 2010) – 4 years ago yesterday, 13,800 people boarded 138 American Airlines jets in hopes of reaching Dallas Fort Worth for their connecting flights during a crowded holiday season in late 2006/early 2007. Yet, all 138 of these flights were diverted to 24 airports in and around Texas to endure what would be for some people--including Kate Hanni and family--a painful and life-changing ordeal. In Hanni's case, she and her family were stuck on an airport tarmac for 9 hours and 17 minutes without water, food, or usable toilets. That is when she decided to take action.
In the last 3 days dozens if not hundreds of International Flights have been stuck on the tarmac at JFK for upwards of 13 hours in the case of an El Al flight, and many for over 8 hours in the case of Cathay Pacific, Delta Airlines, Austrian Air, Virgin Atlantic, British Airways, Air Emirates, Iceland Air Express..and then have spent additional days without food, water or access to medicines inside the JFK airport without help.
“FlyersRights.org has become, in 4 short years, the organization that airline passengers rely on to stand up for them and fight for their rights" said Kate Hanni, Director. "But clearly we have not done enough to prevent these horrifying tarmac strandings".
“When I was on the DOT’s coveted Tarmac Delay Task Force the airports including the New York Port Authority made idle promises they did not need to have a mandate and would ensure that another Jet Blue did not happen” “There was absolute assurance from the airports that they would help airline passengers during long on ground delays to a) always have a gate available b) make common use gates available, c) to keep airport vendors open 24/7 to ensure no one goes hungry or thirsty and to store emergency rations. They promised never again become a part of the tarmac delay problem so the DOT did not regulate them”…”Clearly their memories are short and those promises meant nothing in the face of this latest incident.
In addition the TSA offered all airports the opportunity to deplane passengers into sterile rooms, and the option of re-embarking without going through customs again. But those offers of assistance fell on deaf ears.
FlyersRights.org demands that DOT investigate this event and promulgate a rule that includes protections for international airline passengers. FRO also looks forward to final passage of the overdue FAA Reauthorization Legislation by Congress which contains many further provisions for airline passengers that will make their travel by air safer, healthier and more tolerable. We intend to be the voice for all air travelers indefinitely!
“While we understand that international flights present logistical and security challenges distinct from domestic flights, we feel strongly that the common sense Three Hour Rule which has worked so well since its inception should be extended to all flights operating in the U.S. regardless of their point of origin or destination,” added Hanni.
FlyersRights.org is the largest airline passengers rights nonprofit with 33,000 members For information, visit www.flyersrights.org or call the hotline at 1-877-FLYERS6.
International Flight Tarmac Delays Show Loophole in DOT Regulations Must be Closed!
4 years later: FlyersRights.org called on DOT to Include International Flights and Airports having Contingency plans in their new rule!
Napa, CA (December 30, 2010) – 4 years ago yesterday, 13,800 people boarded 138 American Airlines jets in hopes of reaching Dallas Fort Worth for their connecting flights during a crowded holiday season in late 2006/early 2007. Yet, all 138 of these flights were diverted to 24 airports in and around Texas to endure what would be for some people--including Kate Hanni and family--a painful and life-changing ordeal. In Hanni's case, she and her family were stuck on an airport tarmac for 9 hours and 17 minutes without water, food, or usable toilets. That is when she decided to take action.
In the last 3 days dozens if not hundreds of International Flights have been stuck on the tarmac at JFK for upwards of 13 hours in the case of an El Al flight, and many for over 8 hours in the case of Cathay Pacific, Delta Airlines, Austrian Air, Virgin Atlantic, British Airways, Air Emirates, Iceland Air Express..and then have spent additional days without food, water or access to medicines inside the JFK airport without help.
“FlyersRights.org has become, in 4 short years, the organization that airline passengers rely on to stand up for them and fight for their rights" said Kate Hanni, Director. "But clearly we have not done enough to prevent these horrifying tarmac strandings".
“When I was on the DOT’s coveted Tarmac Delay Task Force the airports including the New York Port Authority made idle promises they did not need to have a mandate and would ensure that another Jet Blue did not happen” “There was absolute assurance from the airports that they would help airline passengers during long on ground delays to a) always have a gate available b) make common use gates available, c) to keep airport vendors open 24/7 to ensure no one goes hungry or thirsty and to store emergency rations. They promised never again become a part of the tarmac delay problem so the DOT did not regulate them”…”Clearly their memories are short and those promises meant nothing in the face of this latest incident.
In addition the TSA offered all airports the opportunity to deplane passengers into sterile rooms, and the option of re-embarking without going through customs again. But those offers of assistance fell on deaf ears.
FlyersRights.org demands that DOT investigate this event and promulgate a rule that includes protections for international airline passengers. FRO also looks forward to final passage of the overdue FAA Reauthorization Legislation by Congress which contains many further provisions for airline passengers that will make their travel by air safer, healthier and more tolerable. We intend to be the voice for all air travelers indefinitely!
“While we understand that international flights present logistical and security challenges distinct from domestic flights, we feel strongly that the common sense Three Hour Rule which has worked so well since its inception should be extended to all flights operating in the U.S. regardless of their point of origin or destination,” added Hanni.
FlyersRights.org is the largest airline passengers rights nonprofit with 33,000 members For information, visit www.flyersrights.org or call the hotline at 1-877-FLYERS6.
Wednesday, December 29, 2010
JFK Tarmac Delays Impact International Travellers
Contact: Kate Hanni (707)337-0328
FlyersRights.org
For Immediate Release
JFK Tarmac Delays Impact International Travellers
4 years later: FlyersRights.org called on DOT to Include International Flights and Airports having Contingency plans in their new rule!
Napa, CA (December 29, 20010) – 4 years ago today, 13,800 people boarded 138 American Airlines jets in hopes of reaching Dallas Fort Worth for their connecting flights during a crowded holiday season in late 2006/early 2007. Yet, all 138 of these flights were diverted to 24 airports in and around Texas to endure what would be for some people--including Kate Hanni and family--a painful and life-changing ordeal. In Hanni's case, she and her family were stuck on an airport tarmac for 9 hours and 17 minutes without water, food, or usable toilets. That is when she decided to take action.
In the last 3 days dozens if not hundreds of International Flights have been stuck on the tarmac at JFK-- upwards of 13 hours in the case of an El Al flight--and many for over 8 hours, such as flights of Cathay Pacific, Delta Airlines, Austrian Air, Virgin Atlantic, British Airways, Air Emirates, Iceland Air Express. They then have spent additional days without food, water or access to medicines inside the JFK airport, without help.
“FlyersRights.org has become, in 4 short years, the organization that airline passengers rely on to stand up for them and fight for their rights" said Kate Hanni, Director. "But clearly we have not done enough to prevent these horrifying tarmac strandings.
“FlyersRights.org demands that DOT investigate this event and promulgate a rule that includes protections for international airline passengers. Clearly, passenger safety, customs requirements, and airport security considerations must be a part of that new rule. FRO also looks forward to final passage of the FAA Modernization act in Congress, which contains many further provisions for airline passengers that will make their travel by air safer, healthier and more tolerable. We intend to be the voice for all air travelers indefinitely!
“When I was on the DOT’s coveted Tarmac Delay Task Force the airports including the New York Port Authority made idle promises, saying they did not need to have a mandate and would ensure that another Jet Blue did not happen. There was absolute assurance from the airports that they would help airline passengers during long on ground delays to a) always have a gate available b) make common use gates available, c) to keep airport vendors open 24/7 to ensure no one goes hungry or thirsty and to store emergency rations. They promised never again become a part of the tarmac delay problem so the DOT did not regulate them”…”Clearly their memories are short and those promises meant nothing in the face of this latest incident. “
FlyersRights.org is the largest airline passengers’ rights non-profit with 33,000 members. For information, visit www.flyersrights.org or call the hotline at 1-877-FLYERS6.
FlyersRights.org
For Immediate Release
JFK Tarmac Delays Impact International Travellers
4 years later: FlyersRights.org called on DOT to Include International Flights and Airports having Contingency plans in their new rule!
Napa, CA (December 29, 20010) – 4 years ago today, 13,800 people boarded 138 American Airlines jets in hopes of reaching Dallas Fort Worth for their connecting flights during a crowded holiday season in late 2006/early 2007. Yet, all 138 of these flights were diverted to 24 airports in and around Texas to endure what would be for some people--including Kate Hanni and family--a painful and life-changing ordeal. In Hanni's case, she and her family were stuck on an airport tarmac for 9 hours and 17 minutes without water, food, or usable toilets. That is when she decided to take action.
In the last 3 days dozens if not hundreds of International Flights have been stuck on the tarmac at JFK-- upwards of 13 hours in the case of an El Al flight--and many for over 8 hours, such as flights of Cathay Pacific, Delta Airlines, Austrian Air, Virgin Atlantic, British Airways, Air Emirates, Iceland Air Express. They then have spent additional days without food, water or access to medicines inside the JFK airport, without help.
“FlyersRights.org has become, in 4 short years, the organization that airline passengers rely on to stand up for them and fight for their rights" said Kate Hanni, Director. "But clearly we have not done enough to prevent these horrifying tarmac strandings.
“FlyersRights.org demands that DOT investigate this event and promulgate a rule that includes protections for international airline passengers. Clearly, passenger safety, customs requirements, and airport security considerations must be a part of that new rule. FRO also looks forward to final passage of the FAA Modernization act in Congress, which contains many further provisions for airline passengers that will make their travel by air safer, healthier and more tolerable. We intend to be the voice for all air travelers indefinitely!
“When I was on the DOT’s coveted Tarmac Delay Task Force the airports including the New York Port Authority made idle promises, saying they did not need to have a mandate and would ensure that another Jet Blue did not happen. There was absolute assurance from the airports that they would help airline passengers during long on ground delays to a) always have a gate available b) make common use gates available, c) to keep airport vendors open 24/7 to ensure no one goes hungry or thirsty and to store emergency rations. They promised never again become a part of the tarmac delay problem so the DOT did not regulate them”…”Clearly their memories are short and those promises meant nothing in the face of this latest incident. “
FlyersRights.org is the largest airline passengers’ rights non-profit with 33,000 members. For information, visit www.flyersrights.org or call the hotline at 1-877-FLYERS6.
Sunday, December 26, 2010
Post Holiday Winter Storm Air Travel Advice from FlyersRights.org:
Post Holiday Winter Storm Air Travel Advice from FlyersRights.org:
Call our hotline at 1-877-359-3776 and we’ll help you navigate!
Napa, CA Dec. 26th 2011: Air Travelers along the east coast awoke to a Post Holiday Winter Wonderland; or Winter Travel Nightmare depending on their plans. FlyersRights.org encourages travelers to “re-accommodate” their flights with the airlines and if they need any assistance or run in to “roadblocks” to call FlyersRights.org at 1-877-359-3776 for toll free, entirely free help.
“FlyersRights advice is if you can avoid travel today, please stay safely home and re-schedule your flights or ground travel” said Kate Hanni Executive Director “The airlines are cancelling flights because it’s unsafe to fly, but driving in winter storm conditions is even less safe…so stay put if you can.”
Following are updates from several major carriers as to their handling of air travel for the next few days:
• Delta Air Lines says it's canceled about 850 flights today, including regional fights, because of the winter storm moving up the East Coast. A spokesman says it represents about a sixth of the airline's daily total. He says the cancelations are "concentrated from the Carolinas through New York."
• American Airlines says flights through Washington, Baltimore and Philadelphia will probably be canceled after 2 or 3 p.m. today, with late starts expected tomorrow morning.
• Continental Airlines has canceled 250 departures from Newark Liberty International Airport outside New York City. United Airlines canceled dozens of departures today from New York, Philadelphia, Boston and other cities.
• AirTran and Southwest Airlines also canceled flights, mostly in or out of Washington Dulles, Baltimore and Newark.
Most carriers are waiving the fees they normally charge for one-time changes in affected areas. They're urging passengers to make changes through their websites. See below for links to air carriers re-accomodation procedures.
http://www.delta.com/traveling_checkin/flight_status_updates/index.jsp
href="http://www.southwest.com/html/travel_center/christmas_wintry_weather.html">http://www.southwest.com/html/travel_center/christmas_wintry_weather.html
http://www.continental.com/CMS/en-US/travel/news/Pages/travelnotices.aspx?v_ctrk=HHLN$0-772-1869-1-1074
http://www.united.com/page/article/0,6867,53675,00.html
href="http://www.aa.com/viewPromotionDetails.do?fN=001_travelNotices.xml&_locale=en_US#ne">
Call our hotline at 1-877-359-3776 and we’ll help you navigate!
Napa, CA Dec. 26th 2011: Air Travelers along the east coast awoke to a Post Holiday Winter Wonderland; or Winter Travel Nightmare depending on their plans. FlyersRights.org encourages travelers to “re-accommodate” their flights with the airlines and if they need any assistance or run in to “roadblocks” to call FlyersRights.org at 1-877-359-3776 for toll free, entirely free help.
“FlyersRights advice is if you can avoid travel today, please stay safely home and re-schedule your flights or ground travel” said Kate Hanni Executive Director “The airlines are cancelling flights because it’s unsafe to fly, but driving in winter storm conditions is even less safe…so stay put if you can.”
Following are updates from several major carriers as to their handling of air travel for the next few days:
• Delta Air Lines says it's canceled about 850 flights today, including regional fights, because of the winter storm moving up the East Coast. A spokesman says it represents about a sixth of the airline's daily total. He says the cancelations are "concentrated from the Carolinas through New York."
• American Airlines says flights through Washington, Baltimore and Philadelphia will probably be canceled after 2 or 3 p.m. today, with late starts expected tomorrow morning.
• Continental Airlines has canceled 250 departures from Newark Liberty International Airport outside New York City. United Airlines canceled dozens of departures today from New York, Philadelphia, Boston and other cities.
• AirTran and Southwest Airlines also canceled flights, mostly in or out of Washington Dulles, Baltimore and Newark.
Most carriers are waiving the fees they normally charge for one-time changes in affected areas. They're urging passengers to make changes through their websites. See below for links to air carriers re-accomodation procedures.
http://www.delta.com/traveling_checkin/flight_status_updates/index.jsp
href="http://www.southwest.com/html/travel_center/christmas_wintry_weather.html">http://www.southwest.com/html/travel_center/christmas_wintry_weather.html
http://www.continental.com/CMS/en-US/travel/news/Pages/travelnotices.aspx?v_ctrk=HHLN$0-772-1869-1-1074
http://www.united.com/page/article/0,6867,53675,00.html
href="http://www.aa.com/viewPromotionDetails.do?fN=001_travelNotices.xml&_locale=en_US#ne">
Tuesday, December 7, 2010
ZERO (0) Tarmac Delays of over 3 hours for October
FlyersRights.org declares tarmac rule a success with 6 months data!
Overall Tarmac Strandings Down Dramatically from a Year Ago, Threats of Mass Cancellations did NOT materialize!
Napa, CA (December 7, 2010)—Today newly released data from Department of Transportation clearly demonstrates significant success for the DOT’s 3 hour tarmac rule, enacted in April 29, 2010. The commercial airlines continue to claim that the 3 Hour Rule, which requires that commercial aircraft return to the gate after a period of 3 hours of delay on the tarmac, would cause mass cancellations and virtual Armageddon for airline passengers. While the new consumer protections have only been in place since April, it is clear that these rules are working as intended, to protect passengers.
The October data is extraordinary, there were zero tarmac delays of over 3 hours down from 11 in 2009, and flight cancellations were reduced from .99% in October of 2009 to .97% for October of 2010.
According to the latest data, for the same 6 month period in 2009 there were 546 tarmac delays of over 3 hours compared to the same 6 month period in 2010 where we’ve seen only 12. To see the latest DOT data: http://airconsumer.dot.gov/reports/index.htm.
“3 hour tarmac strandings are nearly eliminated because of the new rule, and the number of cancellations is actually down from the 15 year 6 month average of 1.78% (excluding September 2001) to 1.17% for the same 6 month period in 2010, that’s a huge decrease in overall cancellations” said Kate Hanni, Founder of FlyersRights.org. “The reality of the rule is that it has made the airlines do the right thing and made travel better and more humane for everyone—its proof that protecting passengers can be both efficient and good business.”
“The DOT has hit a home run with the 3 hour rule. We hope they move swiftly to announce their new rule further enhancing airline passengers rights.”
“The new Congress should move quickly to both include the airline passengers bill of rights in the FAA Modernization Bill and pass it quickly so that airline passengers have permanent, enforceable and sustainable rights.” said Kate Hanni
You do the math: Following link is a Ranking of Airline Performance since 1995: http://www.flyersrights.org/table.pdf
FlyersRights.org with a full time 24/7 FREE hotline; volunteers ready to help 24/7 1-877-359-3776.
Overall Tarmac Strandings Down Dramatically from a Year Ago, Threats of Mass Cancellations did NOT materialize!
Napa, CA (December 7, 2010)—Today newly released data from Department of Transportation clearly demonstrates significant success for the DOT’s 3 hour tarmac rule, enacted in April 29, 2010. The commercial airlines continue to claim that the 3 Hour Rule, which requires that commercial aircraft return to the gate after a period of 3 hours of delay on the tarmac, would cause mass cancellations and virtual Armageddon for airline passengers. While the new consumer protections have only been in place since April, it is clear that these rules are working as intended, to protect passengers.
The October data is extraordinary, there were zero tarmac delays of over 3 hours down from 11 in 2009, and flight cancellations were reduced from .99% in October of 2009 to .97% for October of 2010.
According to the latest data, for the same 6 month period in 2009 there were 546 tarmac delays of over 3 hours compared to the same 6 month period in 2010 where we’ve seen only 12. To see the latest DOT data: http://airconsumer.dot.gov/reports/index.htm.
“3 hour tarmac strandings are nearly eliminated because of the new rule, and the number of cancellations is actually down from the 15 year 6 month average of 1.78% (excluding September 2001) to 1.17% for the same 6 month period in 2010, that’s a huge decrease in overall cancellations” said Kate Hanni, Founder of FlyersRights.org. “The reality of the rule is that it has made the airlines do the right thing and made travel better and more humane for everyone—its proof that protecting passengers can be both efficient and good business.”
“The DOT has hit a home run with the 3 hour rule. We hope they move swiftly to announce their new rule further enhancing airline passengers rights.”
“The new Congress should move quickly to both include the airline passengers bill of rights in the FAA Modernization Bill and pass it quickly so that airline passengers have permanent, enforceable and sustainable rights.” said Kate Hanni
You do the math: Following link is a Ranking of Airline Performance since 1995: http://www.flyersrights.org/table.pdf
FlyersRights.org with a full time 24/7 FREE hotline; volunteers ready to help 24/7 1-877-359-3776.
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